$30M defamation lawsuit in opposition to councillors, trustees tossed

A $30-million defamation lawsuit in opposition to two Toronto metropolis councillors and a number of other Catholic college board trustees over an LGBTQ2S+ service for college kids has been quashed in Ontario Superior Court docket.

Joseph Volpe, writer of Corriere Canadese, an Italian-Canadian newspaper, sued former metropolis councillor Kristyn Wong-Tam and Coun. Paul Ainslie after they persuaded council to cease promoting within the newspaper, on the grounds it had revealed articles they described as “homophobic and transphobic.”

Volpe’s lawsuit additionally named Toronto Catholic District Faculty Board trustees Maria Rizzo, Ida Li Preti, Norman Di Pasquale and Markus de Domenico.

The dispute centred round a hyperlink on the TCDSB web site to LGBT Youthline, which offered additional hyperlinks to assets, peer assist and referrals.

Based on the judgment, Wong-Tam put ahead the council movement after a collection of articles within the paper describing trustees who supported the Youthline hyperlink as: “virtue-signalling thugs,” a “rat pack,” “terrorists” and “buffoons,” and the web site itself as “pornographic” and “smut.”

Volpe sued following a number of tweets revealed by Wong-Tam and a digital YouTube press convention by Wong-Tam, Ainslie, Rizzo and Di Pasquale held March 9, 2021, additionally in assist of the movement.

“In the course of the course of the feedback, the councillor and trustee defendants said their view that Volpe and Corriere have been homophobic, transphobic, and anti-LGBTQ2S+,” in keeping with the judgment.

Among the articles have been written by Volpe and others by newspaper workers, in keeping with Volpe’s lawyer, Paul Slansky.

Whereas Justice Benjamin Glustein dominated that Volpe’s declare of defamation had “substantial benefit,” he additionally discovered that the feedback have been associated to a matter of public curiosity; that there was no proof of malice, and that the councillors have been performing in good religion in the midst of their duties.

The decide dominated that the lawsuit amounted to an try to forestall public officers from talking out on a matter of public curiosity, also referred to as a Strategic Lawsuit In opposition to Public Participation (SLAPP).

In a press release to the Star, Wong-Tam stated that she was happy with the ruling.

“(SLAPPs) are lawsuits utilized by rich companies and people to silence public critics — forcing them into costly authorized battles till they stop their objections and criticism,” Wong-Tam stated.

“This ruling is a particular vindication of the anti-SLAPP laws and a justification of my honest and affordable feedback.”

Slansky stated an enchantment has been filed.

Within the enchantment, Slansky argues that whereas the Corriere Canadese articles criticized trustees for undermining the Roman Catholic religion, they didn’t assault LGBTQ+ rights, individuals or communities.

Slightly, the criticism targeted on the truth that the web site, obtainable to be seen by college students in elementary college in addition to youngsters, offered hyperlinks to different websites, which included sexually express supplies.

“No recognition was made that the criticism by (Corriere Canadese) and Volpe was targeted on sexual content material or that it was not primarily based on any LGBTQ+ points,” in keeping with the enchantment paperwork.

The enchantment has been filed on the grounds that the decide failed to handle constitutional points raised by the go well with and misstated the proof in his judgment, amongst different points.

“Justice Glustein’s ruling may be very well-written and troublesome to refute on authorized grounds,” stated Wong-Tam. “I’m cautiously optimistic that the enchantment will probably be dismissed.”

Francine Kopun is a Toronto-based reporter protecting metropolis corridor and municipal politics for the Star. Observe her on Twitter: @KopunF

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